The aim of these articles is to keep our Clients and Associates updated about developments in the sector of Intellectual Property in general and our firm in particular. In this way, we wish to provide a broader view of the tools that the field of trade marks, domain names, patents, designs and related rights offers to entrepreneurs to enhance and protect their efforts in researching and developing new solutions and ideas.
Production of Non-Alcoholic Wine Now Authorized in Italy: Don’t Forget It When Registering Wine Trademarks
Until a short time ago, the processing of wines for the purpose of reducing their alcohol content was allowed only if the relevant processes were carried out abroad.
On 20 December 2024, the Ministerial Decree No. 672816 issued by the Italian Ministry of Agriculture, Food Sovereignty and Forestry (MASAF) introduced significant innovations in the Italian wine sector authorizing the production of dealcoholized and partially dealcoholized wines within the Italian territory, on condition that such production is implemented based on predetermined methods set forth in a specific annex to said decree in order to guarantee quality and safety of non-alcoholic wines.
The new provisions, though highly controversial among representatives of the wine supply chain, bring Italy in line with European regulations, eliminating previous restrictions that penalized domestic producers compared to foreign competitors.
The reduction of the alcohol content is admitted in respect of several categories of grapevine products, including wines, spumante wines, quality spumante wines, quality aromatic spumante wines, carbonated spumante wines, sparkling wines and carbonated sparkling wines. However, this possibility is excluded for Protected Designation of Origin (PDO) and Protected Geographical Indication (PGI) wines, thus maintaining the integrity and specificity of these categories.
Although it is forbidden to increase the sugar content of the grape must or add external flavours, the recovery of water and endogenous flavours in a closed circuit is allowed, which can be reused for the production of dealcoholized wines, thus preserving the organoleptic characteristics of the original product.
With the introduction of dealcoholized wines into the Italian market, wine producers also have to face new challenges related to the protection of their trademarks in Italy. Traditionally, wines are classified in class 33 of the Nice Classification, which covers most of the alcoholic beverages, including different types of wines. However, the so-called non-alcoholic wines, having reduced or null alcohol content, might not fall within class 33 (especially if they completely lose their alcohol content), so that the relevant trademarks should be protected in class 32, which covers non-alcoholic beverages.
Therefore, for effective protection of wine trademarks, it may be advisable to proceed with registration in both classes. This approach might prevent potential conflicts and guarantees complete protection to the trademark, particularly in an evolving market where the distinctions between alcoholic and non-alcoholic beverages are becoming increasingly blurred.
The increasing commercial importance of dealcoholized wines is enhanced by the fact that a few days before the aforementioned decree new provisions for road users came into effect in Italy, reducing the admitted blood alcohol level to 0.5 g/l (0.00 g/l for novice drivers) and tightening penalties for driving under the influence of alcohol.
These new drunk driving rules are likely to affect drivers’ drinking habits, making non-alcoholic wines an attractive alternative for those who wish to enjoy a glass of wine without risking penalties. This trend might provide an opportunity for wine producers to expand their product range, satisfying a growing demand for low or no-alcohol beverages, which seems to be on the rise particularly among that segment of the population most sensitive to health issues.
In summary, the liberalization of dealcoholized wines represents a significant step for the Italian wine industry, opening up new market prospects and bringing domestic production in line with European standards. In addition, the recent changes to the road traffic code outlined above could encourage a greater diffusion of non-alcoholic wines, giving consumers safe and legal options for responsible consumption.
However, as highlighted above, wine producers should pay attention to the legal aspects of trademark protection and consider registration of their trademarks in the appropriate classes of the Nice Classification before the Italian Patent and Trademark Office, with the advice and assistance of our trademark professionals.